If you thought being permanently disbarred would cause Jack Thompson to ride off into the sunset, guess again.

The ex-attorney is currently seeing fire and damnation in Bethesda's recent recall of Fallout 3 trailer videos. A rambling letter from Thompson to the Federal Trade Commission accuses the ESRB of duplicity in the enforcement of its advertising guidelines:

The ESRB’s [advertising] Principles and Guidelines are not intended to protect the public. They are obviously intended to protect the video game industry from the public backlash prior to a hyperviolent game’s commercial release. The ESRB, by allowing such violence in games but not in the advertising is institutionally mandating the cloaking of a game’s real content from the public in advertising.

Thus, the ESRB is actively using its “watchdog” muscle to intimidate game developers into participating in the ESRB’s long-standing shell game by which it has tried to hoodwink Congress and the American people into thinking that the video game rating system is working, that the ratings are reliable, and that minors are being protected from the sale of “Mature” games...

And, even though Take-Two has zilch to do with Fallout 3, Thompson cannot resist taking a shot at the GTA publisher:

Take-Two, for example, knows that if it adhered to “truth in advertising,” most of its Grand Theft Auto games never would have made it out of the warehouse. Take-Two has figured out how to collaborate with the ESRB in this shell game by which false advertising cloaks the real nature of their games until the games are released, and then it is too late...

Bethesda’s only sin was that it advertised truthfully what its game Fallout 3 is all about. The ESRB’s idiotic but telling response has fashioned a noose that I expect either the FTC or Congress to slip around the ESRB’s neck...

Re:Fraudulent and Deceptive Advertising Mandated by the Entertainment Software

Rating Board (ESRB)

Dear Chairman Kovacic:

The video game industry became embroiled in yet another controversy this week that reveals the patent fraud and deception actively engaged in by its Entertainment Software Rating Board.This requires swift action by the FTC to end this ongoing fraud by the ESRB.If the FTC does not act, Congress will: Please note:

Yesterday video game developer Bethesda released a hyperviolent game called Fallout 3.It is rated “Mature” by the ESRB, and its ESRB descriptor states that the game contains the following content: [graphics of Fallout 3 content descriptors]

Prior to this game’s release, Bethesda provided “trailers” for the game that correctly and accurately depict the content in the game, including slow motion exploding of heads.

The ESRB, aware of the truthful content in these trailers, threatened Bethesda with punishment for alleged violation of its Advertising Principles and Guidelines through the ESRB’s Advertising Review Council.As a result, Bethesda, in a panic, then asked video game sites to whom it gave the advertising trailers to remove the trailers.Bear with me, please, because now we come to the patent fraud by the ESRB that may amount to criminal activity, proof of which isfound at http://www.esrb.org/ratings/principles_guidlines.jsp.The relevant portions of the ESRB ARC Principles and Guidelines are underscored below:

PRINCIPLES

An advertisement should accurately reflect the nature and content of the product it represents and the rating issued (i.e., an advertisement should not mislead the consumer as to the product’s true character).

An advertisement should not glamorize or exploit the ESRB rating of a product.

All advertisements should be created with a sense of responsibility toward the public.

No advertisement should contain any content that is likely to cause serious or widespread offense to the average consumer.

Companies must not specifically target advertising for entertainment software products rated “Teen,” “Mature” or “Adults Only” to consumers for whom the product is not rated as appropriate.

GUIDELINES

In applying the above Principles when evaluating advertisements, ARC will focus on the following core Guidelines. The scope and weight of each Guideline shall vary on a case-by-case basis in accordance with the demographic for which each product and its associated advertising, is intended and in relation to the advertising medium involved. While the Principles set forth the scope of ARC’s review, the Guidelines are general parameters intended to further assist companies in providing responsible, appropriate, and accurate advertising. These Guidelines are not intended to restrict or impede creative and/or innovative advertising. Rather, the following areas merely highlight certain types of content that publishers should avoid when creating advertisements.

1. ESRB Ratings and Truth and Accuracy in Advertising

Misrepresentations regarding the character and/or rating of a product

Inaccurate or false content

Exploitation of an ESRB rating

2. Violence

Graphic and/or excessive depictions of violence

Graphic and/or violent depictions of the use of weapons

Graphic and/or excessive depictions of blood and/or gore

Here, then, is the problem that amounts to fraud:The ESRB seeks to enforce two mutually exclusive advertising Principles and Guidelines, and it is doing so in order to hide, as opposed to reveal, the true content of games from the public, most notably parents.

More specifically, the trailers for Fallout 3 in fact comply with Principle #1, above, in that they “accurately reflect the nature and content of the product it represents and the rating issued.”The trailers show the exploding heads in the game.They show the violence that is the hallmark of the game.As the narrator in the following trailer states, the exploding heads “never get old.”See http://www.gamepolitics.com/2008/10/28/eve-launch-fallout-3-trailer-unexpectedly-yanked

However, the ESRB, at the same time that it supposedly mandates “truth in advertising” mandates adherence to a completely contradictory Principle #4: “No advertisement should contain any content that is likely to cause serious or widespread offense to the average consumer.”

The ESRB cannot insist upon both Principle 1 and Principle 4.Either advertising must be truthful as to what is really in the game, or ads cannot cause offense.The ESRB can’t have it both ways.Proof of the disharmony in these two Principles is that the ESRB strong armed Bethesda into pulling the trailers precisely because they were accurate as to the content in the game.

Look then at the disharmony also in the ESRB “Guidelines” as well, above:Under Guideline #1, there must not be “Misrepresentations regarding the character and/or rating of a product” or“Inaccurate or false content,” in the advertising, but Guideline #2 mandates that game advertising shall not contain “Graphic and/or excessive depictions of violence” or “Graphic and/or violent depictions of the use of weapons” or “Graphic and/or excessive depictions of blood and/or gore.”

Wait a minute.If the advertising for Fallout 3 is to be truthful and accurate it MUST reveal the endemic and high levels in the game of blood and gore, the graphic and violent use of weapons, and the graphic depictions of violence!

L

et me then conclude by pointing out the obvious:The ESRB’s Principles and Guidelines are not intended to protect the public.They are obviously intended to protect the video game industry from the public backlash prior to a hyperviolent game’s commercial release.The ESRB, by allowing such violence in games but not in the advertising is institutionally mandating the cloaking of a game’s real content from the public in advertising.

T

hus, the ESRB is actively using its “watchdog” muscle to intimidate game developers into participating in the ESRB’s long-standing shell game by which it has tried to hoodwink Congress and the American people into thinking that the video game rating system is working, that the ratings are reliable, and that minors are being protected from the sale of “Mature” games.Nothing could be further from the truth.The ESRB is in fact mandating false advertising to protect the industry and the ESRB/ESA as well.

The current uproar over Fallout 3 and the above examination of its two totally contradictory sets of Principles and Guidelines prove that the ESRB is simply a video gameindustry that is fraudulently facilitating the sale of inappropriate interactive sex and violence to minors in violation of federal and state RICO and Fraudulent and Deceptive Trade Practices laws.Take-Two, for example, knows that if it adhered to “truth in advertising,” most of its Grand Theft Auto games never would have made it out of the warehouse.Take-Two has figured out how to collaborate with the ESRB in this shell game by which false advertising cloaks the real nature of their games until the games are released, and then it is too late.

I call upon the FTC to act today to end this fraudulent, illegal charade by the ESRB.If there is to be “truth in advertising” then game advertising must accurately reflect what is in the games sold.

Bethesda’s only sin was that it advertised truthfully what its game Fallout 3 is all about.The ESRB’s idiotic but telling response has fashioned a noose that I expect either the FTC or Congress to slip around the ESRB’s neck.Please do so.If you don’t, I shall.

Wait a minute.If the advertising for Fallout 3 is to be truthful and accurate it MUST reveal the endemic and high levels in the game of blood and gore, the graphic and violent use of weapons, and the graphic depictions of violence!

No, it doesn't, you retard. Look at the bus' transistor radio/Brotherhood of Steel trailer. It doesn't depict the gratuitous amounts of blood and gore, but it's still relevant advertising. It even states that it's "M for Mature"; the announcer in the commercial says it himself. That (plus the weapon the soldier is brandishing) should be enough to tell whoever is watching the trailer/commercial that this game is not for kids.....Ya damned idjit.

The current uproar over Fallout 3...

Huh? What current uproar? You mean that joyous refrain from gamers to Bethesda for releasing such an excellent game?

The current uproar over Fallout 3 and the above examination of its two totally contradictory sets of Principles and Guidelines prove that the ESRB is simply a video gameindustry that is fraudulently facilitating the sale of inappropriate interactive sex and violence to minors in violation of federal and state RICO and Fraudulent and Deceptive Trade Practices laws.

...Uhhgghh...Nnngh...My head..spinning...How the hell does he come up with this stuff? Jack, if you're reading this, what's the number of your local pharmacist? Because I'd really like to know where I can find a drug that could make one so delusional.

I call upon the FTC to act today to end this fraudulent, illegal charade by the ESRB. If there is to be “truth in advertising” then game advertising must accurately reflect what is in the games sold.

Bethesda’s only sin was that it advertised truthfully what its game Fallout 3 is all about. The ESRB’s idiotic but telling response has fashioned a noose that I expect either the FTC or Congress to slip around the ESRB’s neck. Please do so. If you don’t, I shall.

Regards, Jack Thompson

Mr. Thompson, you really shouldn't make threats like that; it could get you in some REAL deep shit. Watch yourself.

Jack Thompson's threats and assertions are putting me to sleep man, oh well same old Jack with none of the legal power.

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"What for you bury me in the cold cold ground?" - Tasmanian devil

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Debates are like merry go rounds.
Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Jack probably knows it would already in bad taste to show all the gore and horror in a publicly viewed area for general audiences. In shorthand version he says "ramp up the violence in your trailers or tone down the actual game" in hopes that the company will choose the latter.

I have to agree with the above sentiment. Thompson is just that old coot writing daily letters to the editor, who is completely out of touch with the outside world but still thinks he can change it from his armchair. The only difference was that he was an attorney, and now he doesn't even have that. Now he's just a regular old coot. He's going to be writing hundreds of those. Now when anybody at all responds or even acknowledge these stupid little letters, then it would be news.

I had the exact same feeling when I read the letter. As a lawyer, he was a legal loose cannon, which warrented some attention. Now he just sounds like that old crank at the end of the block who keeps sending letters to the mayor's office because those damn kids won't stay off his lawn.

As others have posted, how is the ESRB's telling Bethesda to pull a trailer over exploding heads any different than the MPAA's telling moviemakers that they can't have decapitations in a trailer for a horror movie like the upcoming Friday the 13th remake(just citing an example)? I don't see him whining over a trailer for Saw V.

Another crybaby move by Thompson over something that isn't an issue.

He should practice what he preached about growing up and getting a life.

Back in Black from a forced hiatus by Hurricane Gustav.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Wow...JT has gone over over over the top ApeShit this time. Judges lisrening to a recently disbarred Lawyer IS not going to happen. JT if you read this, take your letter, print it out, and shove it up your ass.

Thompson is never going to STOP doing his shit. That does make his efforts news worthy. There are a lot of insane people in the country who do or say insane things, but nobody listens to them because their Insane. This one insane man used to be a lawyer, which is the only reason anyone ever listened to him about anything.

He is no longer a lawyer, which means he no longer has a credible voice. The only reason anyone is going to pay attention to him now is if the media continues to treat him as if his opinion mattered.

Reality is his opinion does not matter to anybody with any pull in the game industry. The ONLY thing that will change that fact of life is if media outlets such as GP continue to cover him as if he were a credible individual.

Yeah, but he's so damn irritating. It's hard to resist poking fun. That's basically the only power he has left: to harass us to death, and JT is holding on to that ability like his life depended on it.

Didn't even read the full letter, just the initial description put on the main page. This guy now has nothing to trick people into thinking he has some semblance of credibility. He's not a threat. Since no one is listening to him we don't have to constantly point out his hypocrisy anymore.

Heh... Thompson still thinks he has his "established reputation..." It's almost cute, but the fact that it's Thompson instead of a 5-year-old makes is just too funny.

Now, class, Jack's letter shows a case of extreme bias. This is something that many people do. They see what you see, but only get what their mind wants out of it. For example, Jack here is looking for a conspiracy, a "slip-up," and so his mind actively searches for something to latch onto. Meanwhile, his mind ignores everything that it isn't looking for (in this case, a reasonable reason, or even what he himself is seeing/reading). In addition to this, Jack is disregarding easy-to-find information. In 2005, I did a research paper on Violent Video Games and Violence (I was a high school freshman), and I found several sources that cited that the video gaming industry voluntarally uses a rating system, whereas TV and Movies need to go through government branches. All-in-all, little Jackie-boy presents a biased, faith-filled arguement with standing only amoung the ininformed and the ill-informed.

JT:So you seriously believe that GTA sells well because people are too stupid to remember what the previous version was like, and are being deceived by the previews into thinking it's a perfectly fine game? Not to mention that somehow, these people are unware that a game titled "Grand Theft Auto", titled after a serious crime, might have, oh, I dont know, a criminal element to it?

Also, we're assuming people dont know what the word Fallout means and implies, and that they cant be bothered to take a second to look it up on google? And that this incredible feat of stupidity repeats itself many many times without people learning, and all of this is our fault?

Since we're on the subject of what certain words mean, are you familiar with the word absurdity? I never had a tv until the fifth grade, and never went to the movies with some friends until eigth grade. But even I'm not that ignorant of pop culture.

OK, now this is just funny; but is this why we he think he's dangerous? God forbid he should write letters. I'm trying to let bygones be bygones, but now it's just sad, doesn't he have anything more worthwhile to do? (Dude, get a job.) Though now that I think about it, I may have to join the jack-is-not-news camp now. He's well within his rights to write as many zany letters as he likes, and we're well within our rights to toss them into the garbage with all the other junk mail coupon fliers. Shine on, you crazy diamond.

"Even if it was online gaming that somehow inspired him to kill his parents, he must have realised at some point that they wouldn't drop any good loot." - GP member, Doomsong

I think I agree. John Bruce may have been some kind of threat when he was a lawyer, but not any more. He burned the bridges between him and anyone who could have been his ally. Now he is just a one man version of the PTC.

A game can only be given an AO rating if it includes... Adult Content. XXX-type stuff (you know, pron (yes, pron), not the Vin Diesel movie). Violence doesn't fall under the general term used to cover adult content... I can't think of it right now. One of the downsides of having Aspergur's Syndrome.

I don't know how many times I have pointed this out to people, but I will most likely have to do it many more times.

The ESRB states itself that games can get AO for violence alone:

Titles rated AO (Adults Only) have content that should only be played by persons 18 years and older. Titles in this category may include prolonged scenes of intense violence and/or graphic sexual content and nudity.

and here in the real world, nobody's going to make an AO game just because of violence because the Big Three refuse to have AO games play on their consoles (despite the goddamn fact there are parental control locks on all of them).

Ha, the big 3 are about to lose control of their consoles if they tighten their grip any more. X3 Three class actions over securom, what do they think's gonna happen when they try to arrest gamers for modchipping their consoles?

And here in the real world, we have securom, people being threatened with federal charges for offering security advice, whackjobs like jack thompson, and a general decline in game quality.

Just like the entire 'OMGBOOBS' incident with oblivion getting it the M rating-instead of the anatomically correct heads on spikes with brains showing and zombies in advanced stages of decay.

And fallout 3 is worse about these things than oblivion (However, there are no third party modded boobs). It's why I think that it deserves a stricter rating.

Of course, any V-chip discussions about TV ratings aren't aired, I wonder why the broadcasting companies that would lose money won't air their own problems which are much worse and more ineffective than the ESRB?

Anyway...what I come to expect from an M rating is oblivion-esque content, not fallout 3 style stuff.

How is Fallout 3 any worse than Oblivion with the sole exception of the occasional head-explody? Dead Space is much worse, what with all of the selective dismemberment of zombie extremeties (including heads), and even that seems to sit just fine at an M rating. Sure, it's not for children, but it hardly needs the change from M to AO.

Even compared to the original Fallout, this isn't much to speak of. Anyone else remember getting a critical on an enemy with the minigun ? Maybe I just haven't gotten to the part in Fallout 3 where I have hot, uncensored sex with mutated hookers in some post-apocalyptic vehicle while I run over orphans. I certainly hope I'm getting close at least.

Okay, Jack? Trailers are publicly, freely viewable (ie, Minors can see it). The game is not. Just like with trailers for movies that have R rated content, that type content is not shown in the trailers, in order to keep that content from being shown to those age ranges it is deemed inappropriate for.

This is not an effort to 'mask' anything. Even in the trailers, for movies and video games, the rating is clearly displayed, just as it is on the game/movie box.

You say that principles 1 and 4 are mutually exclusive. This is not so. The rating for a game (Again, CLEARLY marked in the trailers and on the game box) are both A) Not offensive in nature; and B) Able to clearly and accurately able to represent the nature of the game itself.

It's just like telling someone "<Movie Title> had a lot of violence in it." without going into the detail of the violence. The description (just like with the CLEARLY MARKED RATING) both "accurately reflect the nature and content of the product it represents and the rating issued" and does not "contain any content that is likely to cause serious or widespread offense to the average consumer."

The Fallout 3 trailers were pulled because they displayed the violence, rather than simply describing it inoffensively. No cover up. No fraud.

So does Jack have the same issue with trailers for R-rated movies that are cut for all-audience viewing on television? Or is that okay because the MPAA has different guidelines? At best, what he can advocate here is a re-examination of the ESRB, not a total overthrow.

Good to see that he can still compose a letter without resorting to Google image search, though.

Yeah Jack loves his picture books. Wait....Hey Jack theres your new calling making picture books. You seem to do them really well. Although with your tendency to add gay porn to them. It might be a good idea to put a mature rating on them before selling them. But seeing as how your book with words failed. I don't see how you would be able to succeed with this idea....among any of your other ideas about your video game Conspriacy Theory.

It showed a head shot in game, and the ESRB thought it would be a little too extreme for the general public to see. And I have to agree on that one.

You know, I kinda feel bad for the ESRB. The game companies hate them because they nit-pick about things they think are too violent in the games content. And now they have this idiot being pissy because he thinks they're protecting the game comanies. It's like they get no love from anybody.

I think that at least goes to show why we don't need JT anyway. There are people already who are concerned about any possible links between video games and violence. There are agencies and watchdogs doing so.

And no matter how annoying some of us find them to be, they at least are infinitely more reasonable, respectful and honest than Jack. They're doing their job.

Jack, on the other hand, is just doing this for his ego and for publicity with a "too bad for you if you're in my way in any way" attitude. Wasn't he paying attention to why he was disbarred in the first place?

That said, he was already a joke while still a lawyer, now that he's not... Well, what do you to an inane chain letter you get in the mail? You drop it in the waste basket or recycle bin immediately.

Yeah, 'cause your last letter to Mr. Kovacic garnered such a great response...

Anyway, just because the ESRB doesn't approve of an exploding head in a trailer doesn't mean that the public is being deceived. There is still violence, there is still blood, and the game is still clearly rated M.

Principles 1 and 4 are not mutually exclusive. You can easily relate a game's violent content with out explicitly depicting it. It saddens me that this has to be explained to you.

Now that you have a lot of time on your hands you can afford to be much more creative than this. You disappoint me, Thompson.

Andrew Eisen

P.S. - There is no nudity in the trailers for Zack and Miri Make a Porno. Is the MPAA deceiving American movie goers?

Daniel Lewis: The only thing said i disagree with is the final quote on Men's experiences are seen to be universal but women are gendered,though doesn't anita say that games with male protagonists are male power fantasies,so in turn both are gendered03/31/2015 - 1:08pm

Daniel Lewis: i found the video to be much better than any of the TvW series and it's about time the positive women are put in the spotlight03/31/2015 - 1:06pm

Daniel Lewis: So feministfrequency released a positive female character video https://www.youtube.com/watch?v=gXmj2yJNUmQ03/31/2015 - 1:05pm

Daniel Lewis: I think the guy who made the direct leak said it was an april fools joke when a real one was announced03/31/2015 - 12:43pm

MaskedPixelante: No way Nintendo would let information like that get out. Remember, they shut down a memoir about the localization of Earthbound by enforcing a 20 year old NDA on the author.03/31/2015 - 12:42pm

james_fudge: Conster: the larger issue is that Ind. does not protect LGBTQ+ people under state law03/31/2015 - 12:11pm

PHX Corp: @MP I think it is confirmed(not an April Fools joke) http://mynintendonews.com/2015/03/31/nintendo-direct-confirmed-for-wednesday-april-1st/03/31/2015 - 12:00pm

Conster: Apparently Pence intends to amend SB101 so denying service isn't allowed - without explicitly protecting LGBT+ and while still allowing the many other things you can get away with now if it's motivated by your religious beliefs.03/31/2015 - 11:53am

MaskedPixelante: http://mynintendonews.com/2015/03/30/rumour-nintendo-direct-on-april-1st/ A supposed full leak of tomorrow's Nintendo Direct, so you can all laugh and laugh about how wrong it is.03/31/2015 - 11:35am

PHX Corp: http://kotaku.com/why-a-tekken-7-character-is-being-called-a-phoney-1694724959 Why a Tekken 7 Character Is Being Called a Phoney03/31/2015 - 10:08am

Michael Chandra: Argh. Anyway, I'm glad that move was made. Wonder if it counts, can he just declare it like that? 03/31/2015 - 9:27am

Zen: Conster - Good, it's a BS law that exists to just allow hate basically. Glad people are standing up to it. Sadly it should never have passed to begin with though.03/31/2015 - 8:39am

Zen: Nintendo Direct tomorrow it seems. Funny it will be on April 1st lol. http://www.ign.com/articles/2015/03/31/nintendo-direct-announced-for-tomorrow03/31/2015 - 8:38am

MaskedPixelante: http://www.destructoid.com/chris-charla-would-love-to-see-no-man-s-sky-on-xbox-one-289761.phtml Apparently Microsoft's famous "parity clause" doesn't apply if they thing your game will make them tons of money.03/31/2015 - 8:00am

Conster: Basically, he's claiming there's a state statute that allows him to invoke section 2 of SB101 and be exempt from it.03/31/2015 - 5:48am

Conster: "..military service veteran status, and any breach of this policy shall continue to be considered a material breach of the relationship with the City."03/31/2015 - 5:09am